Building Amendment (Construction of Swimming Pools and Spas) Regulations 2016
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Building Amendment (Construction of Swimming
Pools and Spas) Regulations 2016
S.R. No. 104/2016
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provisions 1
3 Commencement 1
4 Principal Regulations 1
5 Regulation 315 substituted 2
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Endnotes 4
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Authorised Version
1
STATUTORY RULES 2016
S.R. No. 104/2016
Building Act 1993
Building Amendment (Construction of Swimming
Pools and Spas) Regulations 2016
The Governor in Council makes the following Regulations:
Dated: 23 August 2016
Responsible Minister:
RICHARD WYNNE
Minister for Planning
ANDREW ROBINSON
Clerk of the Executive Council
1 Objective
The objective of these Regulations is to amend the
Building Regulations 2006 to further provide for
completion of building work relating to swimming
pools and spas.
2 Authorising provisions
These Regulations are made under sections 7,
15A, 261 and 262 of, and Schedule 1 to, the
Building Act 1993.
3 Commencement
These Regulations come into operation on
3 October 2016.
4 Principal Regulations
In these Regulations, the Building Regulations
20061 are called the Principal Regulations.
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Building Amendment (Construction of Swimming Pools and Spas)
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5 Regulation 315 substituted
For regulation 315 of the Principal Regulations
substitute—
"315 Commencement and completion of
building work
(1) If a building permit is issued, the building
work must commence—
(a) in the case of the re-erection of a
Class 1 or 10 building, within 6 months
after the date of issue of the building
permit; or
(b) in any other case, within 12 months
after the date of issue of the building
permit.
(2) If a building permit is issued, the building
work must be completed—
(a) in the case of a building permit to
re-erect a building, within 12 months
after the date of issue of the building
permit; or
(b) in the case of a Class 1 or 10 building,
within 24 months after the date of issue
of the building permit; or
(c) in the case of a swimming pool or spa
or any associated barrier or safety
equipment—
(i) if the building work is being
carried out on an allotment
concurrently with other building
work that is being carried out on
the same allotment, within the
period of completion for the other
building work referred to in
paragraph (a), (b) or (d) (as the
case requires); or
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Building Amendment (Construction of Swimming Pools and Spas)
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(ii) in any other case, within 6 months
after the building work
commences; or
(d) in any other case, within 36 months
after the date of issue of the building
permit.
(3) If building work is to be completed in more
than one stage and more than one building
permit is issued in relation to that building
work, a reference in subregulation (2) to the
date of issue of a building permit is taken to
be a reference to the date of issue of the first
of those building permits.
(4) A building permit lapses if the building work
authorised by that permit has not—
(a) commenced within the period specified
in subregulation (1); or
(b) been completed within the period
specified in subregulation (2).
(5) The relevant building surveyor may extend
the period specified in subregulation (1)
or (2) if—
(a) the building permit has not lapsed; and
(b) the relevant building surveyor considers
that the extent of the building work
warrants an extension.
Note
Regulation 604(3) requires all excavations to be
fenced or otherwise guarded against being a danger to
life or property before and during the carrying out of
building work.".
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Endnotes
Building Amendment (Construction of Swimming Pools and Spas)
Regulations 2016
S.R. No. 104/2016
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Authorised by the Chief Parliamentary Counsel
Endnotes
1 Reg. 4: S.R. No. 68/2006. Reprint No. 3 as at 11 December 2014.
Reprinted to S.R. No. 197/2014. Subsequently amended by
S.R. Nos 8/2015, 21/2015, 70/2015, 134/2015, 152/2015, 157/2015,
21/2016, 33/2016, 49/2016 and 63/2016 and extended in operation by
S.R. No. 4/2016.
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